Right to Rent: Acceptable Documents

Why the document lists matter for a migrant tenant

The right-to-rent regime, set out in the Immigration Act 2014 and supported by Home Office statutory guidance, divides acceptable evidence into two lists. List A confers a permanent right to rent and ends the landlord's compliance obligation once recorded. List B confers a time-limited right and pulls the tenancy into an ongoing follow-up cycle linked to the tenant's immigration leave. For a tenant with limited UK history, the practical question at lease signing is rarely whether the tenant has status but which list the evidence falls into, and what the landlord asks for next.

List A Group 1: permanent right, single check

List A Group 1 contains documents that, on their own, evidence a permanent and unrestricted right to rent. The core items are a current or expired UK passport, a current or expired Irish passport or Irish passport card, a current passport of any nationality endorsed with indefinite leave to remain or indefinite leave to enter, and a current Home Office immigration status document confirming permanent settlement. A tenant holding settled status under the EU Settlement Scheme also sits structurally in this group, although the evidence is shown via the online share code rather than a physical document.

The defining feature of Group 1 is that the landlord conducts a one-off check, records the outcome, and is then released from any further right-to-rent obligation for the duration of that tenancy. There is no diary entry, no follow-up, and no reporting trigger linked to the immigration status.

List A Group 2: permanent right, two-document combination

List A Group 2 is used where the tenant does not hold one of the standalone Group 1 documents but can prove permanent status through a combination of two documents. A typical example is a UK birth or adoption certificate paired with an official letter from a UK government department or Jobcentre Plus confirming the tenant's National Insurance number. The combination must be drawn from the prescribed sub-list, and each document must be original. The compliance result is the same as Group 1: a single check with no follow-up.

List B Group 1: time-limited right, follow-up due before expiry

List B is where most working-age arrivals will sit. Group 1 of List B covers a current passport or travel document endorsed with leave to enter or remain in the United Kingdom, where the period of leave is time-limited. Examples include a Skilled Worker visa vignette in a passport, a Student visa, a Health and Care Worker visa, and a Spouse or partner visa. The landlord records the date the leave expires, and a follow-up check is required before that date. If the tenant has secured an extension by then, a fresh check produces a new expiry. If not, the landlord must report through the Home Office landlord reporting tool to retain the statutory excuse.

List B Group 2: time-limited right with positive Home Office verification

List B Group 2 applies in narrower circumstances, principally where the tenant does not hold an in-date document but a Home Office check confirms ongoing leave. This route is used for tenants whose application is outstanding and whose leave continues under section 3C of the Immigration Act 1971 while a decision is awaited. The landlord receives a Positive Right to Rent Notice valid for six months, after which a further check is required.

The eVisa share-code workflow has replaced the BRP

Until 2024, the biometric residence permit (BRP) was the dominant physical document for List B tenants. BRPs are no longer accepted as standalone right-to-rent evidence. Holders have been transitioned to the eVisa, which is a record of immigration status held in a UKVI account rather than a card. The tenant logs into their gov.uk view-and-prove account, generates a share code, and gives the code together with their date of birth to the landlord. The landlord enters those details into the landlord checking service and views the tenant's status profile online, including a photograph for likeness matching.

The structural effect is that for most non-British and non-Irish tenants, there is no physical right-to-rent document at all. The acceptable evidence is the online profile produced by the share-code check. A landlord who insists on a paper document for an eVisa holder is asking for something the Home Office no longer issues.

What landlords may not lawfully ask for

The Home Office statutory code of practice on avoiding unlawful discrimination is clear that a landlord cannot impose a higher documentary standard on applicants who appear foreign than on applicants who appear British. Specifically, a landlord cannot insist on a passport from every applicant if some applicants could equally evidence status through Group 2 combinations or through the online share code. A landlord cannot refuse to consider share-code evidence and demand a physical document. A landlord cannot require evidence of nationality or immigration status before the applicant has been shortlisted for the tenancy on other grounds, although in practice the check is usually conducted at referencing stage.

The Equality and Human Rights Commission has pursued enforcement action against agents who applied differential documentary standards, and the Independent Chief Inspector of Borders and Immigration has documented examples of compliance over-reach that crosses into discrimination. For a tenant, the practical signal of a non-compliant agent is a refusal to engage with the share-code process or a demand for documents not on the statutory lists, such as a National Insurance number letter when the tenant has already produced a valid passport endorsement.

What the landlord copies and retains

For a manual document check, the landlord must take a clear copy that cannot subsequently be altered. For a passport, this means the personal details page and any page bearing an immigration endorsement, including the visa vignette and any stamps. For an online share-code check, the landlord must retain the profile page generated by the landlord checking service, which carries a unique reference number, the date of the check, and the tenant's photograph. The copy or profile must be retained for the duration of the tenancy and for a further year after the tenancy ends.

The retention obligation creates a data protection overlay. The landlord is processing personal data, including biometric photography in the online profile, and must hold it securely and use it only for the right-to-rent purpose. Onward sharing with third parties beyond what the regime requires is a UK GDPR concern. Tenants may ask, at the end of the retention period, for confirmation that the data has been destroyed.

Common edge cases for migrant tenants

Several tenant profiles produce recurring confusion. A tenant on a Graduate visa is treated as time-limited and sits in List B Group 1, with a follow-up due before the two or three-year visa expires. A tenant with pre-settled status under the EU Settlement Scheme also sits in List B and must show via share code that pre-settled status is current; the landlord cannot rely on a previous certificate of application. A tenant on a Family visa whose extension application is pending uses the section 3C List B Group 2 route through the landlord checking service rather than presenting documents. A tenant who has very recently arrived on a fresh visa vignette in their passport, before any eVisa is created, can rely on the vignette as List B Group 1 evidence for the validity period printed on it.

Practical preparation before applying for a tenancy

Before applying, a tenant on time-limited leave should log into their gov.uk view-and-prove account and confirm they can generate a share code. The code is valid for 90 days from generation, so generating one at viewing stage is reasonable. Tenants who hold a List A Group 1 document, such as a passport endorsed with indefinite leave to remain, should bring the original to the referencing meeting because manual check remains valid in that case. Tenants in section 3C status should be ready to explain that the landlord must use the landlord checking service rather than ask for a physical document.

Disclaimer

This article is general information about UK rules and processes at the time of writing. It is not legal, immigration, tax, or financial advice. Rules and figures change. Verify the current position with the relevant authority (gov.uk, HMRC, FCA, or a regulated adviser) before acting on anything here.

FAQ

Is a biometric residence permit still acceptable as right-to-rent evidence?

No. BRPs are no longer accepted as standalone right-to-rent documents. Former BRP holders have been transitioned to the eVisa and use the share-code process via their gov.uk view-and-prove account.

Can a landlord accept a UK birth certificate on its own?

No. A UK birth or adoption certificate is a List A Group 2 document and must be presented in combination with another prescribed document, such as an official letter from a UK government department confirming the tenant's National Insurance number.

What document evidences pre-settled status under the EU Settlement Scheme?

There is no physical document. Pre-settled status is evidenced through the online share-code check using the tenant's gov.uk view-and-prove account, which produces a profile showing the status and any expiry date.

How long must a landlord retain copies of right-to-rent evidence?

For the duration of the tenancy and for one year after it ends. Retention should be in a secure form, and the data should not be shared beyond what the right-to-rent regime requires.

What if a landlord asks for documents not on the statutory lists?

A landlord cannot lawfully impose a higher documentary standard than the regime requires, and doing so by reference to perceived nationality may amount to unlawful discrimination under the Equality Act 2010 and the Home Office statutory code of practice.